Publication date: 08.03.2024
In Ukraine, spouses - wife and husband have the right to distribution of property between spouses, which belongs to them under the right of joint common ownership, regardless of the dissolution of marriage. This process is based on the norms of civil and family law and determines the rights and obligations of each of the spouses regarding joint property.
The legislation of Ukraine defines that property acquired by spouses during the marriage belongs to the wife and husband under the right of joint common ownership regardless of whether one of them did not have a serious reason for independent earning. Exceptions to this general rule may be established by a marriage contract.
The spouses who have decided to division of property of spouses after divorce need to establish the volume of jointly acquired property, ascertain its source and time of acquisition.
The property belonging to the spouses under the right of joint common ownership includes:
1) property acquired during the marriage (except for items of personal use);
2) wages, pension, scholarships, and other income received by one of the spouses;
3) items for professional activities (musical instruments, medical equipment, office equipment, etc.) purchased during the marriage for one of the spouses.
The list provided by us is not exhaustive.
The joint property of spouses does not include property that is the personal private property of the wife or husband.
The property that is the personal private property of the wife, husband includes:
1) property acquired by her, him before marriage;
2) property acquired by her, him during the marriage, but on the basis of a gift agreement or by inheritance;
3) property acquired by her, him during the marriage, but with funds that belonged to her, him personally;
4) housing acquired by her, him during the marriage as a result of its privatization in accordance with the Law of Ukraine "On privatization of state housing stock";
5) land plot acquired by her, him during the marriage as a result of privatization of a land plot that was in her, his possession, or received as a result of privatization of land plots, or received from state and communal land within the norms of free privatization;
6) items of personal use;
7) premiums, awards received by her, him for personal merits;
8) funds received as compensation for moral harm caused to her, him.
The list provided by us is not exhaustive.
To take into account all the features of the legislation regulating the classification of one thing or another as the joint common property of spouses or as the personal private property of one of the spouses, we recommend seeking professional legal assistance.
The legislation of Ukraine gives the right to the husband and wife to divide the property by mutual agreement, in particular by concluding an agreement on the division of property that is in joint common ownership. An agreement on the division of immovable property is concluded in writing and must be notarized.
If the spouses have not agreed on the division of joint property by mutual consent, then the dispute will have to be resolved in court.
The court distributes the property between the spouses taking into account the value of the items belonging to the spouses under the right of joint common ownership, as well as the size of their creditor claims and debt obligations.
It is worth noting:
The joint property of a husband and wife is divided equally unless otherwise specified by agreement between them or by a marriage contract. In the event of property division by the court, the court may deviate from the principle of equal shares of the spouses, especially if one of them did not provide for the material support of the family, concealed, destroyed, or damaged the joint property, or used it to the detriment of the family's interests.
The court may increase the share of property of the wife or husband if they live with children or disabled adult sons or daughters, provided that the amount of alimony they receive is insufficient to ensure their physical, spiritual development, and treatment.
Property acquired by individuals living together without registering a marriage during their cohabitation belongs to them jointly and in case of dispute is subject to division by court order.
The property of spouses is divided in kind between them. In case of indivisibility of an item, the item is awarded to one of the spouses unless otherwise agreed between them.
Items used for professional activities are awarded to the spouse who used them in their professional work. The value of these items is taken into account when awarding other property to the other spouse.
The court may award monetary compensation to one of the spouses for their share of ownership of a residential house, apartment, or land plot only with their consent and only after the other spouse has deposited a sum of money into the court's deposit account.
The statute of limitations of three years applies to claims for the division of property after divorce. The limitation period begins to run from the day when one of the co-owners learned or could have learned about the violation of their property rights.
We have noted only the basic points considered during the division of common property of spouses. In the process of property division, there are numerous peculiarities regarding the division of various types of property, the credit obligations of the spouses, and other obligations arising in the interests of the family. Property division upon divorce is a complex process that requires careful consideration of all circumstances of the case and compliance with the requirements of current Ukrainian legislation.
